Current Law of Murder and Manslaughter In South Australia And The Context For A New Industrial Manslaughter Offence

This submission to the Parliamentary Committee on Occupational Safety, Rehabilitation and Compensation is prepared by way of background on the existing homicide provisions in South Australia. It considers the way in which its status as a common law jurisdiction affects the operation of the proposed new industrial manslaughter offence as currently drafted. It outlines and compares our murder and existing manslaughter provisions, and then addresses specific differences and similarities between that law and the proposed new offence. Finally it provides general commentary on the proposed new offence and that of industrial manslaughter offences in the UK and the ACT.